Legal basis for administrative requirements at the national level

Constitutionof Moldova

http://aceproject.org/ero-en/regions/europe/MD/the-constitution-of-moldova-2000/at_download/file

Article 141.

Initiativefor revising the Constitution

(1)A revision of the Constitution may be initiated by:

(a)A number of at least 200,000 voting citizens of the Republic of Moldova.Citizens initiating the revision of the Constitution must cover at least a halfof the territorial-administrative units of the second level, and in each ofthese units must be registered at least 20000 signatures in support of the saidinitiative;

(b)a number of at least a third of the Parliament members;

(c)the Government.

(2)Constitutional law drafts shall be submitted to Parliament only alongside withthe Constitutional Court advisory opinion adopted by a vote of at least 4judges.

Article 142.

Limitsof revision

(1)The provisions regarding the sovereignty, independence and unity of the State,as well as those regarding the permanent neutrality of the State may be revisedonly by referendum based on a majority vote of the registered voting citizens.

(2)No revision shall be performed, if it implies the infringement of fundamentalrights and freedoms of citizens, or their guarantees.

(3)The Constitution may not be revised under a state of national emergency,martial law or war.

Article 143.

Lawon the Constitutional Amendment

(1)Parliament shall be entitled to pass a law on the amendment of Constitutionfollowing at least 6 months from the date of the corresponding initiativelaunch. The law shall be adopted by a vote of two-thirds of the Parliamentmembers.

(2)If, within a year from the date when the initiative on the amendment ofConstitution was launched, the Parliament has not passed the appropriateconstitutional law, the proposal shall be deemed null and void.

ElectoralCode of Moldova

http://www.venice.coe.int/webforms/documents/?pdf=CDL-REF(2012)039-e

Article 148.Initiating Referendum for Constitution Revision

(1)Referendum for Constitution revision is initiated in compliance with Article141 of the Constitution.

(2)The proposal on conducting a referendum for Constitution revision is submittedto the Constitutional Court, which is obliged within 10 days to review theconstitutionality of the issues to be subject to referendum and to present itsfindings.

(3)After Constitutional Court reviews the constitutionality of the issues to besubject to referendum, the proposal on holding a referendum, together with findingsof the Constitutional Court, is submitted for the Parliament examination.

(4)Constitution revision may not be subject to referendum if it will result inviolation of fundamental human rights and freedoms.

(5)If both Parliament and citizens at the same time initiate the revision of thesame Constitution provisions, the parliamentary procedure to examine the saidprovisions shall close.